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Should he hire a solicitor?

  • 28-11-2006 3:08pm
    #1
    jayded
    Closed Accounts Posts: 2 ✭


    Does anyone know that if summoned for a driving offence if a solicitor is always needed? My partner is due in court for no insurance on his car he had let lapse (yes, idiot I know) sorted it, heard no more and exactly a year later got a summons for same - coming up soon and is not sure how to go from here - bascially what we want to know is...Should he hire a solicitor?


Comments

  • #2
    dats_right
    Registered Users, Registered Users 2 Posts: 1,169 ✭✭✭dats_right


    In almost all cases involving road traffic offences the court will refuse legal aid. In fact I don't ever recall seeing legal aid being granted in such a case. What this means is that if your partner wants to be represented by a solicitor or maybe even counsel then he is going to have to pay for it out of his own pocket. You can ring around different firms to get a quote, but as a rough estimate I would think somewhere in the region €350-€700, possibly even more depending on the plea and things such as the complexity of the case, etc. It is really a matter for your partner whether he chooses to be represented or not, I would say however, that a convinction under s.56 as amended of the Road Traffic Act, 1961 (i.e. no insurance) can have serious consequences, as I will outline.

    Firstly, upon summary conviction your partner will be liable for a maximum fine of €1,270 (or whatever the euro conversion of £1,000 punts) or six months imprisonment (although this is highly unlikely on a first offence). Secondly, the conviction MUST be endorsed on the driver's licence. And an endosorsement lasts for three years. Thirdly, there is a mandatory or consequential 1 year disqualification. However, on a first offence for a special reason a court may not disqualify, or disqualify for less than 1 year. In my experience whether or not a disqualification is ordered is largely dependant on the particular judge and the particular circumstances of the case.

    As you can see a conviction for no insurance can have very serious consequences indeed. Particulary for somebody who drives for a living. The mandatory endorsement will also affect insurance premiums, etc. Indeed many insurance companies won't even quote if you have not got a 'clean' driving licence. Anyway, as I have said already it really is a matter for your partner to decide whether or not he deems it necessary to instruct a solicitor.


  • #3
    jayded
    Closed Accounts Posts: 2 ✭jayded


    Thanks for the reply. I think it's wise for him to get a solicitor. We are aware that penalty points and a fine is mandatory but it's important he dosen't get disqualified - so , hopefully, hopefully, as a very first offence for a middle aged man the courts might look favourably on that! Now to look for a solicitor, golden pages I guess.
    ta again


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